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(영문) 서울북부지방법원 2020.11.18 2020나252
토지사용료
Text

The judgment of the first instance court is modified as follows. A.

The Appointor C shall be the Plaintiff, and the buildings listed in the attached Table 1 List 2.

Reasons

Basic Facts

On July 29, 1977, the registration of ownership transfer was completed in the name of D on the land of this case.

The Defendant’s mother, F, on the instant land, newly constructed a building listed in [Attachment List No. 2 (hereinafter “instant building”) and completed the registration of ownership preservation in its name on May 28, 1979.

D on May 30, 1980, sold the instant land to the Plaintiff, and on August 21, 2007, the registration of ownership transfer was completed in the future of the Plaintiff on the said land.

The Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff to lease the instant land from September 1, 2010 to August 31, 2012 as “from September 1, 2010 to August 31, 2012,” and operated a restaurant in the instant building.

On April 2011, the Defendant notified the Plaintiff of the fact that he was no longer operating the restaurant in the instant building, and that he did not use and benefit from the said building from around that time.

(E) On July 18, 2017, the Defendant out of the above building and operated a restaurant, etc. in the building located in the Gyeongjin-gun N, Chungcheongnam-do. The F sold the instant building to the designated parties, who are the Defendant’s children, and completed the registration of ownership transfer on July 19, 2017.

【In the absence of dispute, the Plaintiff’s assertion as to the Plaintiff’s claim against the Defendant as to each description of Gap evidence Nos. 1 and 2 (including a branch number if there is a provisional number) and the purport of the entire pleadings, the gist of the Plaintiff’s assertion as to the claim against the Defendant as to the claim against the Defendant, is 1,480,00 won (=5 months x 46 months x 300,000 won x 300,000 won due to the increase in the land price of the instant land after September 18, 2013) and damages for delay.

Judgment

First, as to the assertion on the payment of rent in arrears, the building of this case is added to the Plaintiff around April 201.

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